A Local Authority v AG (No. 2)

A Local Authority v AG (No. 2)

The court exercised its discretion to allow the academic claim to proceed, finding good reasons in the public interest due to the importance of child protection, conflicting authorities, and the potential impact even for a small cohort, regardless of diplomatic consequences.

Parties
Applicant: A Local Authority; 1st Respondent: AG; 2nd Respondent: DG; 3rd Respondents: SG, GG & AG (through their Children’s Guardian); Intervener: The Secretary of State for Foreign and Commonwealth Affairs
Jurisdiction
England and Wales
Judgment Date
28 May 2020
Procedural Posture
Care Proceedings / Public Law Application / Permission Hearing for Declaration of Incompatibility
Outcome
Permission granted for the declaration of incompatibility application to proceed.
Legal Topics
Diplomatic Immunity, Declaration of Incompatibility, Children at Risk, Jurisdiction of UK Courts, Vienna Convention on Diplomatic Relations, Human Rights Act 1998
Public Law Family Law Human Rights Law International Law Diplomatic Immunity Declaration of Incompatibility Children at Risk Jurisdiction of UK Courts +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A Local Authority

Applicant

AG

1st Respondent

DG

2nd Respondent

SG, GG & AG (through their Children’s Guardian)

3rd Respondents

The Secretary of State for Foreign and Commonwealth Affairs

Intervener

Procedural Posture

Care Proceedings / Public Law Application / Permission Hearing for Declaration of Incompatibility

Legal Issues

  1. 1 Should the court exercise discretion to allow an academic claim for a declaration of incompatibility regarding the Diplomatic Privileges Act 1964 and Article 3 ECHR?
  2. 2 Does the Diplomatic Privileges Act 1964 prevent local authorities from exercising powers under Part IV Children Act 1989 for children of serving diplomats?

Ratio Decidendi

The court exercised its discretion to allow the academic claim to proceed, finding good reasons in the public interest due to the importance of child protection, conflicting authorities, and the potential impact even for a small cohort, regardless of diplomatic consequences.

Court Disposition

Permission granted for the declaration of incompatibility application to proceed.

Orders

  • Local authority granted permission to withdraw care proceedings in respect of G and S.
  • Directions given for final disposal of care proceedings in respect of A.